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Judgment
10 paragraphs · 355 wordsPrem Narayan Singh, J
Heard and perused the case diary.
This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime No.68/2024, dated (not mentioned), registered at Police Station Excise Circle Kukshi, District- Dhar, for the offence under Sections 34(1), 34(2) and 34(3) of M.P. Excise Act . The applicant is in custody since 13.04.2024.
(2) As per prosecution story, 69 bulk liters illicit liquor is said to be seized from the applicant.
( 3 ) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He is in jail since 13.04.2024. Final conclusion of trial will take a long time. Under these circumstances, applicant counsel prays for grant of bail.
(4) Learned counsel for the respondent/State opposes the bail application and prays for its rejection by submitting that the applicant is having criminal records.
(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and quantity of the liquor, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
(6) It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
(7). This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.